TELECOMMUNICATORS · I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI ... b A Public Safety...

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AGREEMENT Between TOWNSHIP OF LACEY and GOVERNMENT WORKERS UNION POLICE PUBLIC SAFETY TELECOMMUNICATORS EFFECTIVE JANUARY 1 2010 through DECEMBER 31 2012

Transcript of TELECOMMUNICATORS · I II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI ... b A Public Safety...

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AGREEMENT

Between

TOWNSHIP OF LACEY

and

GOVERNMENT WORKERS UNION

POLICE PUBLIC SAFETY TELECOMMUNICATORS

EFFECTIVE JANUARY 1 2010 through DECEMBER 31 2012

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TABLE OF CONTENTS

ARTICLE PAGE

I

II

III

IV

V

VI

VII

VIII

IX

X

XI

XII

XIII

XIV

XV

XVI

XVII

XVIII

XIX

XX

XXI

XXII

XXIII

XXIV

XXV

XXVI

XXVII

RECOGNITION AND SCOPE OF AGREEMENT 2

COLLECTIVE BARGAINING PROCEDURE 3

DISCRIMINATION AND COERCION 3

INCREMENTS DEFINITION 4

SICK LEAVE 4

PERSONAL DAYS 7

DEDUCTION OF MEMBERSHIP DUES 8

EMPLOYEE RIGHTS 8

MANAGEMENT 8

SENIORITY 9

HOURS SCHEDULES 9

OVERTIME 9

VACATIONS 10

HOLIDAYS 11

HOSPITAL AND MEDICAL INSURANCE BURIAL 12

CLOTHING ALLOWANCE 13

LEGAL AID 13

PENSIONS AND RETIREMENT 13

SALARIES 13

LONGEVITY 14

COLLEGE TUITION REIMBURSEMENT 14

BEREAVEMENT 15

SAVINGS CLAUSE 16

DURATION 16

GRIEVANCE PROCEDURES 16

NEGOTIATIONS 19

COMPLETION OF AGREEMENT 19

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THIS AGREEMENT made this 29th day of October 2010 by and between theTOWNSHIP OF LACEY a corporate body politic in the County of Ocean State of New

Jersey hereafter referred to as the Employer and the GOVERNMENT WORKERSUNION hereafter referred to as the Union as bargaining agent and on behalf ofcertain employees of the Lacey Township Police Department Township of LaceyCounty of Ocean State of New Jersey hereafter referred to as Employee

WITNESSETH

WHEREAS it is the intent and purpose of the parties herein to promote and

improve the harmonious and economic relations between the employer and its

employees and to establish a basic understanding relative to rates of pay hours of work

and other conditions of employment consistent with the law

NOW THEREFORE in consideration of this and mutual covenants herein

contained the parties hereunto agree with each other and with respect to the

Employees of the Employer recognized as being represented by the Union herebyagree as follows

ARTICLE I

RECOGNITION AND SCOPE OF AGREEMENT

A The Employer hereby recognizes GWU as the sole and exclusive representativeof all Employees in the negotiation of this Contract Agreement and for the

purposes of collective bargaining and all other activities and processes relativethereto

B The bargaining unit will consist of all of the regular full time police Public SafetyTelecommunicators of the Lacey Township Police Department now employed or

hereafter employed

C This Agreement shall govern all wages hours and other conditions of

employment set forth herein

D This Agreement shall be binding upon the parties hereto

E The Union recognizes that pursuant to New Jersey Statute they have no right to

strike

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ARTICLE IICOLLECTIVE BARGAINING PROCEDURE

A Collective bargaining with respect to rates of pay hours of work or otherconditions of employment shall be conducted by a duly authorized bargainingagent of each of the parties to this Agreement unless otherwise designated the

Mayor and the Employer or his designee and members of the Committee as

designated by the Township Committee or the Township of Lacey and the

President of the Union or his designee including an attorney providedreasonable notice is given to Employer together with members of his negotiatingcommittee shall be the respective negotiating agents for the parties

B Collective bargaining meetings shall be held at times and places mutuallyconvenient at the request of either party

C Employees of the Employer who may be designated by the Union to participateat collective bargaining meetings called for the purpose of the negotiation ofcollective bargaining will be excused from their work assignments to attend suchcollective bargaining meetings when applicable as long as no overtime is

incurred

ARTICLE III

DISCRIMINATION AND COERCION

A There shall be no discrimination interference or coercion by the Employer or anyof its agents against the Employees represented by the Union because of

membership or activity in the Union The Union shall not intimidate or coerce

Employees into membership Neither the Employer nor the Union shall

discriminate against any employee because of race color creed sex national

origin or political affiliation

B No material derogatory to Employee s conduct service character or personalityshall be placed in his her personnel file unless the Employee has had an

opportunity to review the material by affixing his her initials to the document to be

filed with the express understanding that such initials in no way indicate

agreement with the contents thereof The Employee shall also have the right to

submit a written reply example rebuttal answer etc to such material and this

reply shall be attached to the document to which it is in reply as long as the

document is in the Employee s file

C A personnel file shall be established and maintained for each employee covered

by this Agreement personnel history files are confidential and shall be

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maintained in the office of the Chief of Police Any member of the union shall

have the right to review his her file on reasonable notice and at reasonable times

When a written complaint or any derogatory or negative material concerning any

member of the Union or his her actions is to be placed in his her personnel file a

copy shall be made available to said member

ARTICLE IV

INCREMENTS DEFINITION

For the purpose of this contract any reference to the term increments shall be

defined as follows

Full Time Emplovees Hired After January 1 1974An employee who is hired on a full time basis by Township of Lacey subsequent to

January 1 1974 shall have his her increments determined as follows

January IncrementIf an employee is employed on the 1

st

day of January up through and including the 30th

day of June then that employee s increment shall be determined as of January 1st of

the following calendar year

Julv Increment

Any employee who is employed on or after the 1st

day of July of any calendar year up

through and including the 31 stday of December of any calendar year shall have his her

increment measured as of July 1st of the following calendar year That all future

increments of employees who are hired subsequent to January 1 1974 shall have the

future increments based upon the anniversary of the January or July increment as set

forth above

ARTICLE VSICK LEAVE

A All permanent full time employees covered by this Agreement shall be grantedsick leave with pay pursuant to the following schedule

1 Reportinq Sick or Iniured Public Safety Telecommunicator unable to

report for duty because of sickness or injury or to attend a sick or injuredfamily member shall make an immediate report to the CommandingOfficer or Desk Officer in person or by telephone If unable to report a

relative or other responsible person shall notify the Commanding Officer

or Desk Officer of all pertinent facts either in person or by telephone

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2 Address of Confinement Public Safety Telecommunicators when sickor injured shall be responsible for notifying their supervisors as to their

places of confinement and of any subsequent changes in their places ofconfinement

3 Sick or Iniured on Dutv Public Safety Telecommunicators who become

sick or who are injured on duty shall report the facts to the CommandingOfficer and shall remain on duty until relieved unless excused by a

superior officer The only exception is when sickness or injury is

disabling to the point of preventing compliance

4 Accumulated Sick Leave Public Safety Telecommunicators shall

accumulate sick leave at the rate of fifteen 15 days for each full year ofcontinuous employment in the department Public SafetyTelecommunicators having exhausted all of their sick leave will not

receive any further sick leave or compensation in lieu thereof until new

time has been accumulated and earned by the employee by subsequentemployment Newly appointed Public Safety Telecommunicators shallaccrue one day of sick leave for each full month worked until the

completion of the first year

5 Verification of Sick Leavea All Public Safety Telecommunicators who shall be absent on sick

leave for five or more consecutive working days shall be required to

submit acceptable medical evidence substantiating the illness

b A Public Safety Telecommunicator who has been absent on sick leave

for periods totaling ten days in one calendar year consisting of periods of

absence of less than five days shall submit acceptable medical evidencefor any additional sick leave in that year unless such illness is of a chronicor a recurring nature requiring continuing absences of one day or less in

which case only one certificate shall be necessary for a period of six

months

c The Chief of Police may require a proof of illness from Public SafetyTelecommunicators on sick leave whenever such requirement appearsreasonable Abuses of sick leave shall be cause of disciplinary action

d When the Township requires verification in a b and c

above the Township will pay for same The Township may

require the employee to be examined by the Township doctor

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6 Examination The Chief of Police may require a Public SafetyTelecommunicator who has been absent because of personal illness as a

condition of his her return to duty to be examined at the expense of the

Department by a physician designated by the Department Such

examination shall establish whether the Public Safety Telecommunicatoris capable of performing his her normal duties and that his her return will

not jeopardize the health of other employees

7 Dental and Optical Sick leave will not be allowed for ordinary dental care

nor for the services of an oculist for normal eye care as such services are

readily available outside of work hours

8 Outside Employment No Public Safety Telecommunicator while on sickleave from the Department shall be employed elsewhere or engaged in

any outside work or employment

9 Unauthorized Absence Public Safety Telecommunicators who absent

themselves in an improper manner shall be subject to disciplinary action

Unauthorized absence occurs when Public Safety Telecommunicators

a are not at home or who are not at their place of confinement while on

sick leave when visited by the Department surgeon or a Superior Officer

in the Department

b feign illness or injury

c deceive the Department surgeon in any way as to their true condition

d are injured or become sick as a result of improper conduct or

practices

e violate any provisions concerning the reporting of sickness or injury

10 Retirement and Termination Benefit

a Upon retirement through an approved retirement system or

b The death of an employee while employed by the Township or

c An employee voluntarily terminating his services with the Townshipafter ten 10 years continuous service and without any disciplinary action

pending such employee or his estate shall be entitled to a lump sum

payment for earned and unused accumulated sick leave computed at therate of one half 1 2 of the eligible employee s daily rate of pay for each

day of earned and unused accumulated sick leave based upon the

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average annual compensation excluding overtime received during the last

year of his employment prior to the date of his retirement or his death

provided however that no such payment shall exceed fifteen thousanddollars 15 000 00

d In accordance with this section the employee so retiring or

terminating services must notify the Township no later than January 15thof the year in which she he intends to retire or leave employment in orderto receive payment in that calendar year Failure to notify by January 15thwill result in a delay to the following calendar year for receipt of payment

11 The Township reserves the right to extend sick leave

12 Annual Sick Leave Buy back For Employees Effective January 1 1998 ifan employee has accumulated forty 40 days of sick leave and has not

used more than seven 7 days in the prior year the employee may buyback 15 days of his her yearly accumulated sick leave at 75 of the

current year s base rate of pay He she shall apply in writing during the

five week period between December 1 and January 4 of the succeedingyear and payment shall be made by the second pay period in January

ARTICLE VI

PERSONAL DAYS

A 1 The employees shall be granted four 4 personal days off with pay during the

course of any calendar year

2 There shall be sixteen 16 hours of training at the Chief s discretion

3 When the Township closes their office discharges the employees early or

permits employees to come in late Telecommunication personnel will receive

equal time off as personal time

B Personal days shall not accumulate from one year to the next Personal days not

used during the course of the year in which they were granted shall be converted

into sick days and may be used under the provisions of Article V

C An employee covered by this contract will be granted one 1 administrative dayoff for every six 6 months worked without sick leave Administrative days shall

not be accumulated while on Worker s Compensation time off Days which have

been accumulated prior to any Worker s Compensation leave will remain as

accumulated time and accumulation of time will continue after returning to work

and being removed from Worker s Compensation

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ARTICLE VIIDEDUCTION OF MEMBERSHIP DUES

Upon receipt of written voluntary authorization and assignment of an Employee coveredby this Agreement on a form agreed upon between the Employer and the Union the

Employer agrees to deduct membership dues and when applicable initiation fee in

such amounts as shall be fixed pursuant to the by laws and constitution of the Union

during the full term of this Agreement and other extension or renewal thereof The

Employer shall promptly remit monthly any and all amounts so deducted with a list ofsuch deductions to the Secretary Treasurer of the Union

ARTICLE VIIIEMPLOYEE RIGHTS

A No employee shall be disciplined reprimanded reduced in rank or compensationor deprived of any advantage without just cause

B Whenever any employee is required to appear before any Township Official

Township Committee or member thereof concerning any matter which could

adversely affect the continuation of that employee in their position or

employment said employee shall be given prior written notice of the reasons forsuch meeting or interview and shall be entitled to have a representative of the

Union present to advise them and represent them during such meeting or

interview

ARTICLE IXMANAGEMENT

Nothing in this agreement shall interfere with the right of the Employer in accordance

with the applicable statutes ordinances rules and regulations to

A Carry out the statutory mandate and goals assigned to a municipality utilizingpersonnel methods and means in the most appropriate reasonable and efficientmanner possible

B Manage employees of the Employer to hire promote transfer assign or retain

employees in positions within the municipality and in that regard establishreasonable work rules without creating undue hardships to the employees Such

work rules shall be in written form and a copy shall be provided to each member

of the Union with applicable amendments thereto The parties agree that all

items not specifically listed herein are retained by the Township

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ARTICLE X

SENIORITY

The date of employment shall determine the rank of seniority In the event that both

members of the Union were appointed to their present rank on the same date the

individual with the highest ranking on the Civil Service examination will be senior

ARTICLE XI

HOURS SCHEDULES

A The parties understand and agree that the standard weekly work schedule for

employees covered by this Agreement requires employee services continuallythrough the seven 7 day week and that the standard work week shall consist ofthe tours of duty schedule as promulgated by the Chief of Police

B The tours of duty shall be guaranteed minimum of forty 40 hours a week as

established by the Chief of Police Hours of work will be defined as the followingFirst Shift 2245 0715 Second Shift 0645 1515Third Shift 1445 2315 at eight and one half hours per day

Employees will pick shifts based on seniority annuallyHours of work will not be adjusted to avoid overtime

The overtime shall be distributed using one 1 list by rotating seniorityA shift differential for the first shift of seventy five cents 75 per hour

A shift differential for the third shift of twenty five cents 25 per hour

Switches mutually agreed upon by two employees will be completed within one

year Division Commander or Supervisor shall approve of same Switch will not

exceed more than five 5 consecutive working daysWhen a shift opening occurs all employees will be given the opportunity to fill the

position Seniority will be the determining factor

C It is recognized by the parties that coffee breaks and lunch time are part of the

tour of duty and paid by the Township These coffee breaks will consist of a 30minute meal break and a 15 minute coffee break which may be scheduled to run

consecutively mutually agreed upon by the employee and supervisor

ARTICLE XII

OVERTIME

A The employer agrees that overtime consisting of time and one half 1 1 2 time

shall be paid to all employees covered by this Agreement for hours worked in

excess of the normal eight 8 hour work day or in excess of the normal forty 40

hour work week

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B Employees shall not be paid overtime for hours of work in excess of the normal

workday unless such overtime is authorized in writing and submitted to the Chief

of Police in voucher form

C In the event an employee is called in to duty other than his her normal

assignment she he shall be paid overtime at a rate of time and one half 1 1 2

for all time worked during such period In no such case shall she he be paid less

than four 4 hours but four 4 hours must be worked by the employee If anyless than four 4 hours are worked by agreement of the employee and

supervisor the employee will only be compensated for overtime worked When

called in to duty less than four 4 hours prior to a normal working shift the

employee shall be paid for only the overtime actually worked on that day

D At the employee s option overtime may be taken in compensatory timeaccumulated to a maximum of 480 hours At the time of assignment to overtimean employee must indicate payment in money or compensatory time Thisdecision may only be changed with the agreement of the Chief of Police Use of

compensatory time must be scheduled sufficiently in advance to allow for the

appropriate adjustments of work schedules to deploy personnel

ARTICLE XIIIVACATIONS

Each member of the Union who has had the length of continuous employment specifiedin the following table shall be entitled to vacation with pay at his her regular rate of pay

Selection of vacation shall be based on seniority within this organization Increments

are defined in the paragraph below

First Increment 1 day for each and every month an employee has

been employed in a full time capacity up to

December 31st of the year in which first employed

Second Increment 12 Vacation days

Third Increment 15 Vacation days

Fourth Increment 15 Vacation days

Fifth Increment 15 Vacation days

Sixth Increment 19 Vacation days

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Seventh Increment 19 Vacation days

Eighth Increment 20 Vacation days

Ninth Increment 20 Vacation days

Tenth Increment 20 Vacation days

Eleventh Increment 20 Vacation days

Twelfth Increment 22 Vacation days

ARTICLE XIV

HOLIDAYS

A The following shall be recognized as holidays under this Agreement and be paidat eight 8 hours pay The holidays are as follows

New Year s DayGood FridayMemorial DayGeneral Election DayVeteran s DayColumbus DayEaster DayWashington s Birthday

Lincoln s BirthdayJuly 4th Independence DayLabor DayThanksgiving DayDay after Thanksgiving DayChristmas DayMartin L King s BirthdayFloating Holiday

To be arranged on at least two 2 weeks notice with the approval of the Chief of

Police or his designee

B Payment for the above mentioned holidays will be made on the first payday in

the month of November of each and every calendar year Employees will be

paid for these holidays regardless of whether or not they actually work on said

holiday An employee who terminates employment with the Township of Laceyafter receiving payment for the holidays and before any of said holidays are

worked will have such monies deducted from the last paycheck

C Employees who work overtime on a holiday as set forth above shall receive payat the rate of time and one half 1 1 2 for the overtime that they worked

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ARTICLE XV

HOSPITAL AND MEDICAL INSURANCE

A For all Employees hired prior to January 01 2010 the Employer will provide to

the Employee and the Employee s family the following medical coverage New

Jersey State Health Benefits plan or its equivalent and prescription plan All

Employees hired after January 01 2010 shall be provided with individual heal

care coverage as per this Section If an Employee hired after January 01 2010

elects to secure dependent care health benefit coverage the Employee shall be

required to pay fifty percent 50 of the monthly premiums for said dependentcare coverage by payroll deduction All Employees covered under this

Agreement are required to pay 1 5 of their salary as their health benefitscontribution pursuant to legislation

B The employer will provide at no cost the Employee or a family member an annual

eye examination by an optometrist mutually agreed upon by the Employer and

the Employee

C The Employer will provide annually to each Employee or a family member who

so requires prescription eyeglasses or lenses the cost of which shall not exceedthe annual total of One Hundred Seventy Five Dollars 175 00

D Employer shall provide for Employees a New Jersey Dental Service Plan of

80 20 Prosthodontic coverage

E The Employer shall annually provide to each employee an annual medical

examination The employee shall file for reimbursement under the Blue

Cross Blue Shield Major Medical and any other appropriate health insurance

plan the Employer shall reimburse the employee for non reimbursed expensesup to a maximum cap of Two Hundred Dollars 200 00 per employee Shouldthe employer require a medical examination for any such reason same shall be

covered in full by the employer

F Effective January 01 2007 any changes mandated by the State Health BenefitsPlan concerning co payments will be applicable to the contract uponimplementation by the plan

G The Township shall pay for employee participation in a Stress ManagementProgram to a maximum of One Hundred Fifty Dollars 150 00 once during the

life of this Agreement

H Dispatchers shall be eligible to participate in the Township s EmployeesAssistance Program to the same extent as are all other Township employees

I Burial Expenses The Township shall pay up to Five Thousand Dollars

5 000 00 to an employee s survivors for burial expenses should an employeebe killed in the line of duty

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ARTICLE XVI

CLOTHING ALLOWANCE

A A full initial clothing allowance will be provided to the employee by the Townshipof Lacey upon successful completion of the probationary period Employees in

the second and succeeding increments shall receive a clothing allowance of

700 00 in each year of this contract Should employer change uniforms cost of

the initial issue to be covered by employer

B Cleaning allowance shall be payable annually to all permanent employees by the

Township of Lacey in the amount of 600 00 which will be paid in full by April 15

of each year

C Clothing damaged in the line of duty shall be replaced by the Department inaccordance with existing policy

ARTICLE XVII

LEGAL AID

The employer will provide all necessary legal aid and false arrest and liability insurance

to all personnel covered by this Agreement in the performance of their duties

ARTICLE XVIIIPENSIONS AND RETIREMENT

The employer shall continue to make contributions as provided for the pension and

retirement benefits to Employees or retirees with PERS on disability covered by this

Agreement under the P E RS pursuant to the provision of the statutes of the State ofNew Jersey The Employer shall pay the Employee s health benefits upon retirement

after twenty five 25 years of service as provided by Chapter 88 P L 1974

ARTICLE XIX

SALARIES

Employees hired after January 1 2009 the minimum starting salary is 29 000 00

After one year of probation and the possession of a certificate for Dispatcher the salaryshall be 33 500 00 There will be no salary increases for the term of this AgreementAll salaries remain the same as outlined in the 1 1 07 12 31 09 agreement

An annual payment of Five Hundred Dollars 500 00 will be paid to all certified

Matrons in July of each year All employees are to be retrained at classes provided bythe Township and will not be scheduled on employee s time off

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ARTICLE XXLONGEVITY

A Each employee shall be paid in addition to his current annual wage longevityincrements which shall be figured in and computed in as the employee s base

salary based upon his her years of continuous employment with the LaceyTownship Police Department in accordance with the following schedules

Years of Service Increments of Base Pay1 Upon entering the 1

st

day of the 6th increment of service 400 00 total

2 Upon entering the 1st day of the 9th increment of service 800 00 total

3 Upon entering the 1 stday of he 1ih increment of service 1 200 00 total

4 Upon entering the 1 stday of the 15th increment of service 1 600 00 total

5 Upon entering the 1st

day of the 18th increment of service 2 000 00 total

6 Upon entering the 1st

day of the 19th increment of service 2 225 00 total

B The longevity credit shall be automatic and shall be paid upon completion of the

prescribed years of service

C Longevity pay shall be considered together with base pay for pension purposes

D Longevity pay shall be paid with each bi weekly salary check during the calendar

year as part of the employee s regular permanent salary

ARTICLE XXI

COLLEGE TUITION REIMBURSEMENT

The Employer will reimburse a member of the Public Safety Telecommunicators unit a

maximum of Five Hundred dollars 500 00 per semester for tuition and books not to

exceed 1 000 00 per year under the following conditions

A That the Employee be enrolled in a degree program

B That said program is beneficial to employee s job skills or job related

C That the program be approved by the Employer

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D That a minimum of a grade equivalent of C be achieved for any reimbursementto be paid

E Upon completion of an Associates Degree Bachelor s Degree Master s Degreeor Technical Degree Certification from a Trade School the employee agrees to

remain in the employ of the Township for a minimum of two years However in

lieu of said two year employment requirement the employee has the option to

repay to the Township any and all tuition costs paid by the Township in regard to

the Employee s education

ARTICLE XXII

BEREAVEMENT

B 1 In case of death of the immediate family of an employee which means father

mother spouse child sister brother significant other or foster child of the

employee and relatives of the employee residing in the employee s householdthe employee will be given five 5 consecutive days leave of absence with payone of which shall be the day of death or the day of burial in accordance with the

Lacey Township Personnel Policies

2 Significant Other will be defined as one who has been residing in the

household for the previous six months

3 An employee shall be entitled to three 3 days off on the day of death or for

attendance at the funeral of grandparents grandchildren mother in law fatherin law brother in law sister in law daughter in law son in law grandfather in

law grandmother in Iaw niece or nephew Such leave is separate and distinct

from any other leave

4 An employee shall be entitled to one 1 day off on the day of death or for

attendance at the funeral of an aunt or uncle

B In the case of death in the immediate family reasonable proof shall be requiredand no such leave will be taken until the immediate supervisor is so notified of

the instance of bereavement In the event death occurs out of New Jersey State

extensions of the original leave of absence made through the employee s

immediate supervisor shall not be unreasonably withheld

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ARTICLE XXIII

SAVINGS CLAUSE

In the event that any Federal or State legislation governmental regulation includingInternal Revenue Service determinations or court decisions causes invalidation of anyArticle or Section of this Agreement all other Articles and Sections not so invalidated

shall remain in full force and effect and the parties shall renegotiate any such

invalidated provisions

ARTICLE XXIVDURATION

This Agreement shall be in effect as of and apply retroactively to the first day of January2010 to and including the 31st day of December 2012 In the event that a new written

contract has not been entered into between the Employer and the Union on or before

the first day of January 2013 then all of the terms and conditions of this Contract shall

be in full force and effect unless and until a Contract has been entered into subsequentto January 1 2013

ARTICLE XXVGRIEVANCE PROCEDURES

A 1 A grievance is defined as and limited to an alleged violation of a specificprovision of this Agreement

2 Any matter which is subject to the jurisdiction of the Civil Service Commission

or any retirement board established by law shall not be a subject of grievance or

arbitration under this Agreement but rather shall be grieved under the rules and

procedures set forth by the respective jurisdictions stated above

B 1 A written grievance shall contain a clear and concise statement of the

grievance and indicate the issue involved the relief sought the date the incident or

violation took place and the specific selection or sections of the Agreement involved

2 Any Employee may be represented at all stages of the grievance procedureby himself or at his option by a representative of the Union or by an attorney where

reasonable notice of legal representation is given the Employer When an Employee is

not represented by the Union the Union shall have the right to be present and state its

views at all stages of the grievance procedure unless the Employee objects to the

presence of the Union representative in which case the Union may not be present at

any stage of this procedure However in the event the Union is not present after final

determination at Step 3 if such final determination is made the Union will promptlyreceive a copy of the Employee s written grievance and a copy of the final determination

thereof

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3 All grievances must be presented promptly and no later than five 5

employee work days from the date of grievance or within five 5 employee work daysafter the grievant would reasonably be expected to know of its occurrence

C Step One

Any grievance which arises after the effective date of this Agreement shall first

be discussed by the aggrieved employee with his immediate supervisor Grievances

which have not been settled by the immediate supervisor to the satisfaction of the

employee under the foregoing procedure within five 5 employee work days ofpresentation to be considered further must be filed in writing within five 5 employeework days after the disposition by the supervisor The grievance shall be presented to

the Division Commander in triplicate on mutually agreed upon forms furnished by the

Employer and signed and dated by the employee s and Union representative TheDivision Commander and the supervisor involved will meet with the Employee and his

representative and attempt to resolve the grievance A written decision will then be

made by the Division commander and the supervisor and returned to the employee andhis representative within five 5 employee work days from its presentation to the

Division commander

Step Two

If dissatisfied with the decision in Step One to be considered further the

grievance must be appealed to the Chief of Police within five 5 employee work days ofreceipt of the written decision in Step One The Chief of Police or his representative will

meet with the Employee his representative the supervisor Division commander and

representatives of the Employer as the Chief of Police may elect and attempt to resolve

the grievance A written decision will be made following the meeting by the Chief of

Police or his representative and returned to the Employee and Union representativewithin five 5 employee work days from its appeal to the Chief of Police

Step Three

If dissatisfied with the decision in Step Two to be considered further the

grievance must be appealed to the Township Administrator within five 5 employeework days of receipt of the decision in Step Two The Administrator will meet the

Employee and or his Association representative and the Chief of Police to discuss and

attempt to resolve the grievance Following this meeting the written decision will be

made by the Administrator and returned to the Employee and Union representativewithin twenty one 21 employee work days from its appeal to the Administrator

Step Four

Grievances which have not been settled under the foregoing procedure may be

appealed to arbitration by either party within twenty 20 employee workdays of the dateof the Employers decision in Step Three If an unresolved grievance is not appealed to

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arbitration it shall be considered terminated on the basis of the Third Step answer The

appeal of a grievance to arbitration shall state in concise detail the nature of the remedyrequested For the purpose of selecting an impartial arbitrator the parties will meet

within ten 10 employee work days from the date of appeal of the grievance to

arbitration If the parties are unable to agree on an impartial arbitrator within a ten 10

employee work day period the parties or party acting jointly or separately shall requestthe New Jersey State Board of Mediation New Jersey State Public EmploymentRelations Commission to submit a panel of five 5 arbitrators To select an arbitratorfrom the panel the parties shall alternately strike one name with the last remainingname becoming the arbitrator The cost of the arbitrator and the expenses of the

hearing including a court reporter if requested by either party shall be shared equallyby the parties The arbitrator shall only have jurisdiction and authority to determine

compliance with the provisions of this Agreement The arbitrator shall not have

jurisdiction or authority to add to amend or modify the provisions of the Agreement In

formulating his her decisions the arbitrator shall adhere to the statutory law of New

Jersey and to the pertinent decision of the Civil Service Commission and the courts

The decision of the arbitrator shall be final and binding for parties of this Agreement

D Grievances not appealed within the designed time limits in any step of the

grievance procedure will be considered as having been adjudicated on the basis of the

last preceding management answer Grievances not answered by management within

the designated time limits in any step of the grievance procedures may be appealed to

the next step within five 5 employee work days of the expiration of the designated time

limits The parties may however mutually agree in writing to extend the limits in anystep of the grievance procedure

E The Union shall notify the Employer in writing of the names of the grievancerepresentatives and an alternate within thirty 30 employee work days after the

effective date of this Agreement Any changes thereto will be forwarded to the

employer by the Union as soon as changes are made

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ARTICLE XXVI

NEGOTIATIONS

It is hereby agreed between the parties to this Agreement that negotiations for the year2013 contract shall be initiated on or before the 15th day of November 2012 and thatthe parties hereto will schedule as soon as practicably possible a time and place in

order to discuss the terms and conditions of the year 2013 contract

ARTICLE XXVII

COMPLETION OF AGREEMENT

This Agreement constitutes the entire collective negotiation agreement between the

parties and contains all the benefits to which employees covered by this Agreement are

entitled

IN WITNESS WHEREOF the parties have hereunto set their hands and seals this

29th day ofOctober 2010

For the TOWNSHIP OF LACEY For the GOVERNMENT WORKERS UNION

By vM Y r

By

AIJEST

0MuniciparClerW

ATTEST

jharu 1n

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